NATIONAL LAW UNIVERSITY, JODHPUR

CA-II

SEMESTER- IV

SUBJECT: Law of Evidence

Time: 50 mins Marks:15

INSTRUCTIONS: -

 The word limit for each answer shall be approximately 600 words.
 The test will be conducted for 50 mins, a grace period of 10 mins is allotted for
uploading the answer sheet.
 Students should submit their answer sheet either typed (MS word, Times New
Roman Font, Font size12 with 1.5 spacing) or in their own handwriting on plain
paper and upload it in the PDF format on specified email id
(online4ug02@nlujodhpur.ac.in) as well as on the back up email id
(onlinebackup4@nlujodhpur.ac.in) as provided by the IT/Examination department.

(Each question is of 7.5 marks)

Question 1. Three persons planned to bomb a government building as a mark of protest

against the Government. A was supposed to gather information regarding the floor plan
of the building, B was supposed to arrange the financing, C was supposed to procure the
bomb. The bomb was planted accordingly but it did not go off as planned. While trying
to escape C was caught. He confessed before the police.
The authorities, understanding the gravity of the situation, arranged for a magistrate to
record the confession. C made his confession to the magistrate detailing every account.
He implicated A and B in the process.
The prosecution wants to use the statements of C under Section 10.

Explain whether the same can be admitted under Section 10 or some other Section?
Question 2. Sheldon and Picard are competing businessmen. Recently both applied for a
tender relating to development of an airport in Pilani. Ultimately the tender went in
favour of Picard. Sheldon was informed that this happened because Picard had some
insider information which gave him an edge over the others. Infuriated Sheldon called
Picard and told him that his days are numbered.
Next day Picard threw a party to celebrate the big tender win. Later that night while
having drinks he told his friends about the threat given by Sheldon. The next day while
going to the office, Picard’s car was ambushed and he was shot multiple times. Picard
died on the spot owing to the injuries.
Fearing his arrest Sheldon has applied for anticipatory bail.

Analysing the relevancy of Dying Declaration explain whether the statement of Picard to
his friends can be admitted under Dying Declaration?